I 130 I 485 concurrent filing - Cover letter

First of all thank you very much to visajourney and all the people who been posting good information and helping with the questions. It all has been very helpful to me in preparing the application for concurrent filing of I 130 and I 485. I am on H1B and my wife is a US citizen and a student (unemployed). We are currently not living together as my wife's is almost near her graduation and staying at the same place where her school is. I have tried to document most of the things and I am almost done with the forms and need help to verify if everything is included in my cover letter. Please see below and advice if anything is missing. Thank you very much!

• Check payable to U.S. Department of Homeland of Security for $420 filing fee
• Copy of all the pages in the passport for U.S. citizen and petitioner
• Copy of birth certificate for U.S. citizen and petitioner
• Copy of marriage certificate
• Form G-325A, biographic information, for U.S. citizen and petitioner
• Passport-style color photo of U.S. citizen and petitioner
• Form G-325A, biographic information, for beneficiary
• Passport-style color photo of beneficiary
• Evidence in support of a Bona fide Marriage -
 Letter explaining our relationship history, marriage, and our future plans together
 Itineraries for our trips together and to see each other.
 Copy of joint bank account statement for the period Apr 2012 - May 2012
 Copy of our credit card account statement for Jan 2012 - May 2012
 Selection of pictures that document relationship and marriage
 Phone Calls and Texts summary.

3. I-485 Application To Register Permanent Residence Or Adjust Status

• Check payable to U.S. Department of Homeland of Security for $1070 ($985 I-485 filing fee + $85 biometric fee)
• Copy of latest and valid I-94 form
• Copy of marriage certificate
• Birth Certificate of beneficiary with additional documents -
 Letter with details for no name in the birth certificate.
 Copy of original birth certificate
 Copy of Translated Birth Certificate (in English)
 Letter of translation by mother of beneficiary
 School Passing certificate showing the name and date of birth
 Passport copies showing the name, place of birth, date of birth as well as father's and mother's names
 Copy of Indian Permanent Account Number (PAN) showing the name, date of birth and father's name

• Additional information for question 25 (question left blank in form with no option selected as petitioner is unemployed and income of principal immigrant/beneficiary is being used).
• Copy of principal immigrant/beneficiary’s IRS tax transcripts and W-2 forms for the year 2011, 2010 and 2009 along with 1099-T for 2009.
• Copy of principal immigrant/beneficiary's pay stubs for last six months from the period Dec 2011 – May 2012.
• Copy of evidence of employment from principal immigrant/beneficiary’s employer.

First of all thank you very much to visajourney and all the people who been posting good information and helping with the questions. It all has been very helpful to me in preparing the application for concurrent filing of I 130 and I 485. I am on H1B and my wife is a US citizen and a student (unemployed). We are currently not living together as my wife's is almost near her graduation and staying at the same place where her school is. I have tried to document most of the things and I am almost done with the forms and need help to verify if everything is included in my cover letter. Please see below and advice if anything is missing. Thank you very much!

• Check payable to U.S. Department of Homeland of Security for $420 filing fee• Copy of all the pages in the passport for U.S. citizen and petitioner• Copy of birth certificate for U.S. citizen and petitioner• Copy of marriage certificate• Form G-325A, biographic information, for U.S. citizen and petitioner• Passport-style color photo of U.S. citizen and petitioner• Form G-325A, biographic information, for beneficiary• Passport-style color photo of beneficiary• Evidence in support of a Bona fide Marriage - Letter explaining our relationship history, marriage, and our future plans together Itineraries for our trips together and to see each other. Copy of joint bank account statement for the period Apr 2012 - May 2012 Copy of our credit card account statement for Jan 2012 - May 2012 Selection of pictures that document relationship and marriage Phone Calls and Texts summary.

3. I-485 Application To Register Permanent Residence Or Adjust Status

• Check payable to U.S. Department of Homeland of Security for $1070 ($985 I-485 filing fee + $85 biometric fee)• Copy of latest and valid I-94 form• Copy of marriage certificate• Birth Certificate of beneficiary with additional documents - Letter with details for no name in the birth certificate. Copy of original birth certificate Copy of Translated Birth Certificate (in English) Letter of translation by mother of beneficiary School Passing certificate showing the name and date of birth Passport copies showing the name, place of birth, date of birth as well as father's and mother's names Copy of Indian Permanent Account Number (PAN) showing the name, date of birth and father's name

• Form G-325A, biographic information, for beneficiary• Two passport-style color photos of beneficiary• Sealed envelope containing form I-693, Report of Medical Examination and Vaccination Record

4. I-864 Affidavit of Support

• Additional information for question 25 (question left blank in form with no option selected as petitioner is unemployed and income of principal immigrant/beneficiary is being used).• Copy of principal immigrant/beneficiary’s IRS tax transcripts and W-2 forms for the year 2011, 2010 and 2009 along with 1099-T for 2009.• Copy of principal immigrant/beneficiary's pay stubs for last six months from the period Dec 2011 – May 2012.• Copy of evidence of employment from principal immigrant/beneficiary’s employer.

5. I-765 Application For Employment Authorization

• Two passport-style color photos of beneficiary

Thank you very much!

Signature -

Name - Name

Date – 06/12/2012

Address - address

Phone - number

Email - email

I noticed you seem to be filing I-765 but not I-131? Is there a reason why?

You can travel outside of the U.S. with your H1-B as long as you remain in status on it. Similarly, you can continue working on it while you're in status (and wouldn't need an EAD). That is why I'm questioning your need for I-765 and not I-131. If you intend to use the EAD, you should know that using it technically puts you out of status on your H1-B and prevents you from using it to travel. If you are getting the EAD as a backup in case you go out of status on your H1-B, you should also get advance parole using I-131.

I noticed you seem to be filing I-765 but not I-131? Is there a reason why?

You can travel outside of the U.S. with your H1-B as long as you remain in status on it. Similarly, you can continue working on it while you're in status (and wouldn't need an EAD). That is why I'm questioning your need for I-765 and not I-131. If you intend to use the EAD, you should know that using it technically puts you out of status on your H1-B and prevents you from using it to travel. If you are getting the EAD as a backup in case you go out of status on your H1-B, you should also get advance parole using I-131.

Thank you for the advice and sharing the details. Actually I don't have any plans to travel outside USA as of now and can wait for next few months before the GC comes therefore seeing the information required in I-131, I didn't fill it out. Hopefully EAD/GC processing will go normally. Hoping for the best! Thanks again.

Thank you for the advice and sharing the details. Actually I don't have any plans to travel outside USA as of now and can wait for next few months before the GC comes therefore seeing the information required in I-131, I didn't fill it out. Hopefully EAD/GC processing will go normally. Hoping for the best! Thanks again.

Because I-131 is free and most people have some chance of being called outside the U.S. on an emergency basis (i.e., a sick family member), I would recommend filing it anyway. You don't need to specify travel plans on I-131; those questions are optional.

If you've already sent in your packet, you can wait until you get your NOA1 and file I-131 with a copy of the NOA1. It will still be free.

Because I-131 is free and most people have some chance of being called outside the U.S. on an emergency basis (i.e., a sick family member), I would recommend filing it anyway. You don't need to specify travel plans on I-131; those questions are optional.

If you've already sent in your packet, you can wait until you get your NOA1 and file I-131 with a copy of the NOA1. It will still be free.

Okay... That makes sense. Thanks again! I sent the packet today so will wait for NOA1.

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